The Oregon Elder Abuse Law Guide: What Are The Penalties?

What is elder abuse in Oregon, and how do you know when it’s happening? Too often, abuse of older adults goes unnoticed, leaving victims vulnerable and alone. In this article, we’ll explain the most obvious signs to look for, what to do if you suspect elder abuse, and go over the penalties and fines for those who are charged. 

Oregon Elder Abuse Laws 

Oregon's elder abuse laws are designed to protect individuals aged 65 and older from mistreatment and neglect. Defined under Oregon Revised Statutes (ORS) 124.050 to 124.095, these laws aim to safeguard the well-being of older adults and ensure that instances of abuse are stopped right away. 

Mandatory reporting is a crucial component of Oregon's elder abuse laws. Certain public and private officials, including healthcare providers, social workers, law enforcement officers, and attorneys, are legally obligated to report suspected elder abuse when they have reasonable cause to believe it has occurred. 

Penalties For Elder Abuse in Oregon 

Penalties for elder abuse vary depending on the nature and severity of the offense. Here's an overview: 

● Criminal Penalties: Elder abuse offenses can result in criminal charges, with convictions potentially leading to imprisonment, fines, or both. 

● Civil Penalties: Individuals found liable for elder abuse may be required to pay civil damages. Under ORS 124.100, victims can seek:

-Treble (triple) damages for economic and non-economic losses -Attorney fees 

-Conservator or guardian ad litem fees 

● Mandatory Reporting Violations: Certain professionals are required to report suspected elder abuse. Failure to do so is considered a Class A violation, punishable by a fine of up to $2,000. 

Is Elder Abuse a Felony in Oregon? 

Elder abuse can most definitely be considered a felony depending on the severity and type of abuse. Serious physical injury, sexual abuse, abuse involving weapons, or financial exploitation involving large sums of money are examples of situations that can potentially lead to felony charges. 

Less severe cases of elder abuse, such as minor physical harm, verbal threats, or low-level financial exploitation, may result in misdemeanor charges rather than felonies. These misdemeanor cases still carry legal consequences, including potential jail time, fines, or probation. 

Types of Elder Abuse in Oregon 

● Physical Abuse: Inflicting bodily harm or injury on an elderly person, including actions like hitting, slapping, or inappropriate use of physical restraints. 

● Neglect: Failure to provide essential care, supervision, or services necessary to maintain the physical and mental health of an elderly person. 

● Financial Exploitation: The wrongful taking, misuse, or concealment of an elderly person's assets, funds, property, or medications. This happens most often through deceit, coercion, or undue influence. 

● Verbal or Emotional Abuse: Using language or gestures that threaten significant physical or emotional harm. This could include insults, ridicule, threats, intimidation, or humiliation. 

● Sexual Abuse: Non-consensual sexual contact of any kind with an elderly person, including unwanted touching or sexual harassment. 

● Involuntary Seclusion: Unjustified confinement of an elderly person to a room or area, restricting their freedom of movement. 

● Wrongful Use of Physical or Chemical Restraints: Using restraints inappropriately, such as tying someone to a chair or administering sedatives for convenience rather than medical necessity. 

● Abandonment: Desertion or willful forsaking of an elderly person by someone responsible for their care, resulting in harm or placing them at risk. 

● Self-Neglect: An elderly person failing to provide for their own essential needs, leading to harm or risk of harm. 

Financial Elder Abuse in Oregon 

Financial elder abuse occurs when someone takes advantage of an older adult’s money, property, or assets without permission. Unfortunately, this type of elder abuse is common because older adults are often seen as vulnerable targets. It can include a family member pressuring a parent to sign over a deed, a caregiver using an elder’s bank account for personal expenses, or scammers tricking someone into giving out sensitive financial information. The abuse is often subtle because the person committing it is usually trusted or close to the elder.

Thousands of older adults lose savings they’ve worked a lifetime to build each year. It can happen to anyone, regardless of income or background. The emotional impact can be just as detrimental as the financial loss. Friends or family noticing unusual withdrawals, missing bills, or sudden lifestyle changes may be the first sign that something isn’t right. 

Signs Of Elder Abuse To Look For 

Spotting elder abuse won’t always be obvious, but knowing what small changes to look for can help you catch problems early on. Here are some of the most common signs to watch for: 

● Unexplained injuries like bruises, cuts, or burns 

● Sudden changes in financial situation or missing money 

● Neglect of basic needs such as hygiene, meals, or medications 

● Withdrawal or sudden fearfulness around certain people 

● Unusual or aggressive behavior from a caregiver or family member 

● Confusion or anxiety when talking about finances or personal matters 

● Isolation from friends or family without a clear reason

How To Report Elder Abuse in Oregon 

If you suspect that an older adult is being abused, neglected, or exploited, don’t wait to take action. In Oregon, anyone can report elder abuse, and you don’t need to be 100% certain of the abuse or have proof. It’s best to let trained professionals investigate any situation that seems alarming. You can contact the Oregon Adult Protective Services by calling 1-855-503-SAFE (7233). When you call, be ready to provide as much information as possible, such as the person’s name, address, age, and details about what you have observed. Even small details can help APS assess the situation and take action to protect the individual. 

Making a call like this is never easy, but you could make a real difference in keeping someone safe. If the person is in immediate danger, call 911. Otherwise, APS staff will guide you through the process, keeping the information confidential and taking steps to ensure the older adult’s safety. Remember, reporting is about helping someone who may not be able to protect themselves. 

The Oregon Elder Abuse Law Guide Conclusion 

Elder abuse affects more families than most people realize, and it can take many forms. Recognizing the signs early and taking action can protect your loved ones and preserve their safety and well-being. If you’re facing a situation where you need to address elder abuse or require legal assistance, contact Powell Law in Beaverton, OR. Our team has the experience and compassion to help you navigate this difficult road and ensure your loved ones are protected.

*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.